United States v. Richard Martin Andersen

Andersen was convicted for having failed to submit to induction into the armed forces. 50 U.S.C. App. § 462. We have concluded that the local board had no basis in fact for denying Andersen’s timely claim for exemption as a conscientious objector; hence, the judgment of conviction must be reversed.

Andersen had received both student [II — SU and occupational [II-A] deferments from his local board, the latter for a computer programming course he completed in March, 1969, On March 7, 1969, and on April 2, 1969, Andersen submitted completed applications for a conscientious objector classification [SSS Form 150], which were later followed by supporting correspondence. His claim for exemption was based on religious training and belief. It was denied by the local board after a courtesy interview and a personal appearance. The appeals board also rejected the claim, and when called for induction on March 17,1970, Andersen refused to submit.

Andersen presented a rather complete prima facie claim for conscientious objection. His almost identical applications detail the religious upbringing he received at home, his admiration of, and his association with, a relative who was a medical…